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	<title>Comments on: Hlophe is not Zuma, end it now</title>
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	<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/</link>
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		<title>By: Justin Lewis</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-85138</link>
		<dc:creator>Justin Lewis</dc:creator>
		<pubDate>Fri, 12 Jun 2009 06:58:47 +0000</pubDate>
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		<description>Lyndall
You can get a copy of the judgement from SAFLII or go to south gauteng high court Johannesburg, case number 19006/09.Please be warned that the section on Humpty dumpty is not for racially sensitive viewers</description>
		<content:encoded><![CDATA[<p>Lyndall<br />
You can get a copy of the judgement from SAFLII or go to south gauteng high court Johannesburg, case number 19006/09.Please be warned that the section on Humpty dumpty is not for racially sensitive viewers</p>
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		<title>By: Andrew</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84938</link>
		<dc:creator>Andrew</dc:creator>
		<pubDate>Wed, 10 Jun 2009 11:58:44 +0000</pubDate>
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		<description>General: have I missed something or are there plenty of inaccuracies in this article?

It was the ConCourt who went public with the complaint (not the JSC). The JSC is acting on the CC&#039;s complaint, the facts of which are not disputed (Hlophe JP arguing that, it appears, since discussions about cases with other judges is normal, nothing can be read into his behaviour).

Hlophe JP&#039;s counter-complaint against the ConCourt is in respect of an alleged infringement of his rights (press release) which trumps the CC&#039;s desire to protect its reputation. Hlophe has also launched complaints against the JSC relating to his whole &quot;sick note&quot; debacle and accused the JSC of bias.

Further, involving the Minister of Justice in this even further infringes on the separation of powers. We have a CONSTITUTIONAL democracy. The parliament is not sovereign and not everyone answers to the government of the day. I doubt most people are even aware of the counter-balancing roles that the executive and legislature are supposed to play in SA anymore.</description>
		<content:encoded><![CDATA[<p>General: have I missed something or are there plenty of inaccuracies in this article?</p>
<p>It was the ConCourt who went public with the complaint (not the JSC). The JSC is acting on the CC&#8217;s complaint, the facts of which are not disputed (Hlophe JP arguing that, it appears, since discussions about cases with other judges is normal, nothing can be read into his behaviour).</p>
<p>Hlophe JP&#8217;s counter-complaint against the ConCourt is in respect of an alleged infringement of his rights (press release) which trumps the CC&#8217;s desire to protect its reputation. Hlophe has also launched complaints against the JSC relating to his whole &#8220;sick note&#8221; debacle and accused the JSC of bias.</p>
<p>Further, involving the Minister of Justice in this even further infringes on the separation of powers. We have a CONSTITUTIONAL democracy. The parliament is not sovereign and not everyone answers to the government of the day. I doubt most people are even aware of the counter-balancing roles that the executive and legislature are supposed to play in SA anymore.</p>
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		<title>By: Lyndall Beddy</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84855</link>
		<dc:creator>Lyndall Beddy</dc:creator>
		<pubDate>Wed, 10 Jun 2009 00:32:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/#comment-84855</guid>
		<description>Mzimkhulu

I listen to the experts and read the facts.
You explain to me how &quot;priviledge&quot; can apply to 34 unopened boxes of Shabir Shaik&#039;s records found in the office of Zuma&#039;s attorney (who was NOT Shaiks attorney and which boxes had not even been opened) ?

Justin

I listened to Judge Willis being interviewed. He said he disagreed with the other judges and the rationale thst they wanted to avoid an appeal. I also read Sarjeant at the Bar who says there could be an appeal? So I am getting confused. How can I find the Judgement on Google to read for myself?</description>
		<content:encoded><![CDATA[<p>Mzimkhulu</p>
<p>I listen to the experts and read the facts.<br />
You explain to me how &#8220;priviledge&#8221; can apply to 34 unopened boxes of Shabir Shaik&#8217;s records found in the office of Zuma&#8217;s attorney (who was NOT Shaiks attorney and which boxes had not even been opened) ?</p>
<p>Justin</p>
<p>I listened to Judge Willis being interviewed. He said he disagreed with the other judges and the rationale thst they wanted to avoid an appeal. I also read Sarjeant at the Bar who says there could be an appeal? So I am getting confused. How can I find the Judgement on Google to read for myself?</p>
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		<title>By: Belle</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84799</link>
		<dc:creator>Belle</dc:creator>
		<pubDate>Tue, 09 Jun 2009 15:16:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/#comment-84799</guid>
		<description>Traps, Mugabe has Tomana, and Zuma will have his Hlophe. My bets are that Hlophe is going to replace Pius Langa whether we like it or not.

Western-styled justice systems can never fit with Africa&#039;s culture of rule by dictatorial tribal chieftains. Get used to it. We don&#039;t really need you lawyers and judges ... except as window-dressing for the IMF and billion dollar aid organisations.</description>
		<content:encoded><![CDATA[<p>Traps, Mugabe has Tomana, and Zuma will have his Hlophe. My bets are that Hlophe is going to replace Pius Langa whether we like it or not.</p>
<p>Western-styled justice systems can never fit with Africa&#8217;s culture of rule by dictatorial tribal chieftains. Get used to it. We don&#8217;t really need you lawyers and judges &#8230; except as window-dressing for the IMF and billion dollar aid organisations.</p>
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		<title>By: Peter L</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84797</link>
		<dc:creator>Peter L</dc:creator>
		<pubDate>Tue, 09 Jun 2009 15:09:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/#comment-84797</guid>
		<description>Traps
Fully agree with you that this issue is causing SA and the Judiciary much damage and needs to be settled sooner rather than later.

Many commentators will draw similarities between the tactics used by Hlophe and Pres Zuma in their legal wranglings - ie avoid dealing with the core issue - are you guilty of the charges laid against you - yes or no?
Judge Hlope either tried to improperly influence the three Judges or he did not.
If he spoke in riddles or idioms then the possibility exists that his words were misinterpreted - even by all three Judges.
I imagine the key issue was what was the intent of his discussions?

Traps - you says that &quot;President Zuma in his legal battles was concerned with a bitter factional war within the ANC.&quot;.
Surely he was concerned with defending criminal charges that were laid against him by the state - most of the evidence against him had been tested and accepted in the Shaik trial - and upheld on appeal.

The &quot;bitter factional war&quot; was surely the selective use of whom the state gets to prosecute for their part in the arms deal - what about the late  Joe Modise, Thabo Mbeki,Terror Lekota et al?
I agree with the ANC that the Judges are not gods - political leaders throughout history have loaded the judiciary with &quot;left leaning&quot; or &quot;right leaning&#039; judges to suit their political ends.

Phillipa - Tony Leon is a qualified lawyer - do some research, dear!

Bongo - Hlophe is using TAXPAYERS money not his own!</description>
		<content:encoded><![CDATA[<p>Traps<br />
Fully agree with you that this issue is causing SA and the Judiciary much damage and needs to be settled sooner rather than later.</p>
<p>Many commentators will draw similarities between the tactics used by Hlophe and Pres Zuma in their legal wranglings &#8211; ie avoid dealing with the core issue &#8211; are you guilty of the charges laid against you &#8211; yes or no?<br />
Judge Hlope either tried to improperly influence the three Judges or he did not.<br />
If he spoke in riddles or idioms then the possibility exists that his words were misinterpreted &#8211; even by all three Judges.<br />
I imagine the key issue was what was the intent of his discussions?</p>
<p>Traps &#8211; you says that &#8220;President Zuma in his legal battles was concerned with a bitter factional war within the ANC.&#8221;.<br />
Surely he was concerned with defending criminal charges that were laid against him by the state &#8211; most of the evidence against him had been tested and accepted in the Shaik trial &#8211; and upheld on appeal.</p>
<p>The &#8220;bitter factional war&#8221; was surely the selective use of whom the state gets to prosecute for their part in the arms deal &#8211; what about the late  Joe Modise, Thabo Mbeki,Terror Lekota et al?<br />
I agree with the ANC that the Judges are not gods &#8211; political leaders throughout history have loaded the judiciary with &#8220;left leaning&#8221; or &#8220;right leaning&#8217; judges to suit their political ends.</p>
<p>Phillipa &#8211; Tony Leon is a qualified lawyer &#8211; do some research, dear!</p>
<p>Bongo &#8211; Hlophe is using TAXPAYERS money not his own!</p>
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		<title>By: Belle</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84796</link>
		<dc:creator>Belle</dc:creator>
		<pubDate>Tue, 09 Jun 2009 15:06:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/#comment-84796</guid>
		<description>Phillipa, Tony Leon is a lawyer. Michael Trapido is a lawyer. Phillipa Lipinsky is not a lawyer.

Your skills in self-humiliation are visible to everyone else but Phillipa Lipinsky.</description>
		<content:encoded><![CDATA[<p>Phillipa, Tony Leon is a lawyer. Michael Trapido is a lawyer. Phillipa Lipinsky is not a lawyer.</p>
<p>Your skills in self-humiliation are visible to everyone else but Phillipa Lipinsky.</p>
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		<title>By: Justin Lewis</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84781</link>
		<dc:creator>Justin Lewis</dc:creator>
		<pubDate>Tue, 09 Jun 2009 14:21:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/#comment-84781</guid>
		<description>White Judges against whom compliants to the JSC have benn made for doing excatly what Hlophe is alleged to have done have had no action taken against them.The Supreme law states that “any conduct in conflict with it is invalid”. Willis J should be brought before the JSC for the arrogance of his racist cultural references in his judgement wherein he referred to a,”cultural tradition that views with disdain the inconveniencing of others”, is quitebreathtaking in its arrogance.How a Judge who has taken the oath of office is  incapable of
understanding how such a statement is in conflict with his oath of office is of concern.

Perhaps the learned judge was incorrect when he claimed never to have missed a professional appointment as it appears he quite clearly missed the one when conduct in conflict with the constitution was discussed.

Be that as it may the irony cannot be lost of two Judges on different sides of the legal divide arguing about constitutional conduct. Surely the Judge fighting on the side of the Bill of Rights deserves our support. Herein lies the difficulty of the ANC which is forced as government to live alongside a Judiciary wherein some appear to refuse to accept the spirit of the supreme
law and therefore our rule of law. A lot like power sharing with Mr Mugabe.</description>
		<content:encoded><![CDATA[<p>White Judges against whom compliants to the JSC have benn made for doing excatly what Hlophe is alleged to have done have had no action taken against them.The Supreme law states that “any conduct in conflict with it is invalid”. Willis J should be brought before the JSC for the arrogance of his racist cultural references in his judgement wherein he referred to a,”cultural tradition that views with disdain the inconveniencing of others”, is quitebreathtaking in its arrogance.How a Judge who has taken the oath of office is  incapable of<br />
understanding how such a statement is in conflict with his oath of office is of concern.</p>
<p>Perhaps the learned judge was incorrect when he claimed never to have missed a professional appointment as it appears he quite clearly missed the one when conduct in conflict with the constitution was discussed.</p>
<p>Be that as it may the irony cannot be lost of two Judges on different sides of the legal divide arguing about constitutional conduct. Surely the Judge fighting on the side of the Bill of Rights deserves our support. Herein lies the difficulty of the ANC which is forced as government to live alongside a Judiciary wherein some appear to refuse to accept the spirit of the supreme<br />
law and therefore our rule of law. A lot like power sharing with Mr Mugabe.</p>
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		<title>By: anton kleinschmidt</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84775</link>
		<dc:creator>anton kleinschmidt</dc:creator>
		<pubDate>Tue, 09 Jun 2009 13:44:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/#comment-84775</guid>
		<description>@ Phillipa

On what basis do you decide that Tony Leon &quot;needs to stop poking his nose where it doesn’t belong.&quot;
How would you you like it if I told you that your &quot;nose does not belong in this debate&quot; and asked you to keep your opinions to yourself. You would quite rightly think that I was being ridiculous. South Africans have the right to express their views on matters of national interest. It is called being part of an effective democracy.

Another thing, some time ago you dished out accusations of xenophobia but simply refused to explain yourself when challenged. Now you accuse Leon of being a negrophobe. You will no doubt ignore me again, but would you care to tell us all on what basis you accuse Mr Leon of being a negrophobe.</description>
		<content:encoded><![CDATA[<p>@ Phillipa</p>
<p>On what basis do you decide that Tony Leon &#8220;needs to stop poking his nose where it doesn’t belong.&#8221;<br />
How would you you like it if I told you that your &#8220;nose does not belong in this debate&#8221; and asked you to keep your opinions to yourself. You would quite rightly think that I was being ridiculous. South Africans have the right to express their views on matters of national interest. It is called being part of an effective democracy.</p>
<p>Another thing, some time ago you dished out accusations of xenophobia but simply refused to explain yourself when challenged. Now you accuse Leon of being a negrophobe. You will no doubt ignore me again, but would you care to tell us all on what basis you accuse Mr Leon of being a negrophobe.</p>
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		<title>By: Lyndall Beddy</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84769</link>
		<dc:creator>Lyndall Beddy</dc:creator>
		<pubDate>Tue, 09 Jun 2009 13:26:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/#comment-84769</guid>
		<description>The Creature

And how would the ANC have got control of the country without a negotiated settlement,including deals re generals and politicians?

Not with an &quot;armed struggle&quot; - that is for sure!

This &quot;armed struggle&quot; myth is becoming a bore. The ragged bunch of MK sat around camps spying on each other and never fought a single battle.

And they seem to have spent the last 15 years still spying on each other!</description>
		<content:encoded><![CDATA[<p>The Creature</p>
<p>And how would the ANC have got control of the country without a negotiated settlement,including deals re generals and politicians?</p>
<p>Not with an &#8220;armed struggle&#8221; &#8211; that is for sure!</p>
<p>This &#8220;armed struggle&#8221; myth is becoming a bore. The ragged bunch of MK sat around camps spying on each other and never fought a single battle.</p>
<p>And they seem to have spent the last 15 years still spying on each other!</p>
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		<title>By: Mzimkhulu</title>
		<link>http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/comment-page-1/#comment-84753</link>
		<dc:creator>Mzimkhulu</dc:creator>
		<pubDate>Tue, 09 Jun 2009 12:31:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.thoughtleader.co.za/traps/2009/06/07/hlope-is-not-zuma-end-it-now/#comment-84753</guid>
		<description>@Lyndall Beddy

You fantasise of being a judge. The guilt and innocence of an accused can only be decided in a court of law. Your opinion has no bearing whatsoever on such a decision. Calm down, you&#039;re moving like an out-of-control train leaving chaos in its path to nowhere. You seem to have an opinion on anything. Frankly, most of your opinions are baseless, uninformed and simply ridiculous.</description>
		<content:encoded><![CDATA[<p>@Lyndall Beddy</p>
<p>You fantasise of being a judge. The guilt and innocence of an accused can only be decided in a court of law. Your opinion has no bearing whatsoever on such a decision. Calm down, you&#8217;re moving like an out-of-control train leaving chaos in its path to nowhere. You seem to have an opinion on anything. Frankly, most of your opinions are baseless, uninformed and simply ridiculous.</p>
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